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Item C22 C22 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting May 15, 2024 Agenda Item Number: C22 2023-2184 BULK ITEM: Yes DEPARTMENT: Engineering Services TIME APPROXIMATE: STAFF CONTACT: Debra London N/A AGENDA ITEM WORDING: Approval to award bid and approve a contract with H&R Paving, Inc. for construction of the Key Largo III Roadway and Drainage Project (Burton Drive, Harris Ocean Park Estates) in the amount of$2,056,580.59. The project is partially funded by a Florida Department of Transportation (FDOT) Small County Outreach Program(SCOP) grant(75%)with a local match (25%). ITEM BACKGROUND: The Key Largo III Roadway and Drainage Project was advertised for bids on January 17, 2024. Three bids were received on February 20, 2024 with H&R Paving, Inc. being the lowest responsive and responsible bidder. The Key Largo III Roadway and Drainage Project includes streets in the Harris Ocean Park Estates, Ocean Park Village, Palma Sola and Burton's Yacht Basin subdivisions. The project includes drainage improvements, milling and resurfacing, establishing roadway crowns and creating compliant bike lanes. The project is partially funded by two Florida Department of Transportation Small County Outreach (SCOP) grants and was included in the 2014 Monroe County Road Improvement Program. The construction project is anticipated to be completed by the end of December 2025. FDOT provided concurrence to award the construction contract on April 1, 2024. PREVIOUS RELEVANT BOCC ACTION: January 31, 2024 - The BOCC approved an allocation of$329,686.00 of District 3 (Upper Keys) Transportation Impact Fees to partially fund the construction of the Key Largo III Roadway and Drainage Project. December 13, 2023- The BOCC approved by resolution a Florida Department of Transportation (FDOT) American Rescue Plan Act (ARPA) Small County Outreach Program (SCOP) grant in the amount of$731,707.00 with a match of$416,684.00. 992 June 21, 2023- The BOCC approved by resolution a Florida Department of Transportation (FDOT) Small County Outreach Program (SCOP) grant in the amount of $2,787,598, programmed in the 2024/2025 FDOT Work Program, with a 25% match requirement of$929,200.00. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval to award bid and approve a contract for Key Largo III Roadway and Drainage Project with H&R Paving, Inc. in the amount of$2,056,580.59. DOCUMENTATION: H and R Paving Key Largo III Construction Contract.pdf FINANCIAL IMPACT: Effective Date: May 15, 2024 Expiration Date: none Total Dollar Value of Contract: $2,056,580.59. Total Cost to County: 25% of$2,056,580.59= $514,145.15. Current Year Portion: $1,300,000. Budgeted: yes Source of Funds: 304 - 27010 cost center and District III transportation impact fees CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: yes - 2 grants -ARPA SCOP to be used first contract# G2T05, additional SCOP grant# G21`46 County Match: County match is made up of$329,686 Impact fees approved on 1.31.24 Agenda C2, and 304 fund. Insurance Required: yes Additional Details: 993 Standard Form of Agreement Between Owner and Contractor Where the basis ofpayment is a STIP ULA TED SUM AGREEMENT Made as of the day of in the year of Two Thousand and Twenty-Four. BETWEEN the Owner: Monroe County Board of County Commissioners ("BOCC") 1100 Simonton Street Key West, Florida 33040 (°'Owner") And the Contractor: H&R Paving, Inc. 1955 NW 110 Avenue Miami, FL 33172 ("Contractor") For the following Project: Key Largo III Roadway Improvements Project Monroe County, Florida ("Project") Oversight for Owner: Kisinger Campo and Associates, Corp. 201 N. Franklin Street, Suite 400 Tampa, FL 33602 Engineer: WSP USA Inc. 7650 Corporate Center Drive Suite 300 Miami, FL 33126 The Owner and Contractor agree as set forth below. ARTICLE I The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Insurance Requirements and Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. These form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated LO agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. Notice Requirement All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County 11.00 Simonton Street, Room 2-216 Key West, Florida 33040 For the Contractor: Raul Gonzalez, President H&R Paving, Inc. 1955 NW 110 Avenue Miami, FL 33172 ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others,or as follows: Scope of Work is as specified in the Contract Documents and shown on the Drawings and in the specifications. The contract constitutes the entire and exclusive agreement between the Owner and the Contractor with reference to the Key Largo 1H Roadway Improvements Proiect. ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner as stated in Section 00350, milestone schedule. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, in writing not less than five days before commencing the Work. The date of commencement shall be the date specified in the Notice to Proceed issued to the Contractor. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 365 calendar days after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. LIQUIDATED DAMAGES Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extension in time as set forth by the Owner's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31 sDAY& CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under 50,000.00 $50.00/DAY $100-00/13AY - $250.00/DAY $50,000.00-$99,999.00 1 00.00/DAY 200.00/DAY 750.00/DAY $100,000.00-499,999.00 200.00/DAY 500.00/DAY 2,000.00/DAY $500,000.0 and Up 500.00/DAY 1,000-00/DAY 3,500.00/DAY The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Uncontrollable Circumstance 3.3 Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (0 action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract, for the Key Largo III Roadway nd Drainage Project the Contract Sum of TWO MILLION FIFTY-SIX THOUSAND FIVE HUNDRED EIGHTY DOLLARS and FIFTY ti NINE CENTS, ($2,056,580.59), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: None 4.3 Unit prices, if any, are as follows: As specified in Section 00110. ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project Applications and Certificates for Payment, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month. 5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70 Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five percent(5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Owner. When both additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent(5%): 00 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General conditions. 5.5 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent (95%) of the Contract Sum, less such an amount equal to 150 percent (150%) of the estimated cost to complete the items in accordance with Subparagraph 9.8.2 of the General Conditions as the Owner recommends and determines for incomplete Work and unsettled claims, including the assessment of liquidated damages; and 5.7.2 Within 20 business days after the list of incomplete Work is created the Owner must pay the Contractor the remaining Contract Sum that includes all retainages previously withheld by the Owner less an amount equal to 150 percent (150%) of the estimated cost to complete the incomplete Work (i.e. "punch" list items); and 5.7.3 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: None ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment: and (2) a Final Project Certificate for Payment has been issued by the Project Manager: such final payment shall be made by the Owner not more than 20 days after the issuance of the Final Project Certificate for Payment. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.735 7.3 Temporary facilities and services: None. 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 Public Entities Crimes By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.6 The following items are part of this contract: a) Maintenance of Records: Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives, shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Contractor. b) Right to Audit: Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records(hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this C) C) C) agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven(7)years after Final Completion. C) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County,Florida. This Agreement shall not be subject to arbitration. d) Severability: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. e) Attorney's Fees and Costs: The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non- prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. f) Binding Effect: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors,and assigns. o o g) Authority: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. h) Claims for Federal or State Aid: Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each party. i) Nondiscrimination: County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title V11 of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title V111 of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12 101 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 1.4, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of,this Agreement. j) Covenant of No Interest: County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. k) Code of Ethics: County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Contractor warrants that he/it had not employed, retained or otherwise had act on his/its behalf any former County CN CD CD officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee, 1) No Solicitation/Payment: The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it,to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift,or consideration. m) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract,the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for O retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section]19.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIANC&,MONROECOUNTY-FL.GOV,, MONROE COUNTY ATTORNEYS OFFICE 1111 12 TH Street, SUITE 408, KEY WEST, FL 33040. n) Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 0) Privileges and Immunities: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules,pensions and relief, disability,workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. P) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. C) C) q) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. r) Attestations: Contractor agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. S) No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. t) Execution in Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. U) Section Headings: Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. V) Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project. w) Hold Harmless and Indemnification: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees, and FLORIDA DEPARTMENT OF TRANSPORTATION harmless from and against (i) claims, actions or causes of action, (ii) litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine,penalty or business interruption, and (iii) costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the COUNTY's elected and appointed officers and employees from liabilities damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the indemnifying party in the performance of the construction contract. The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation,proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. LO C) C) The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within General Insurance Requirements Section 900. In the event any claims are brought, or actions are filed against the County with respect to the indemnity contained herein, the Contractor agrees to defend against any such claims or actions regardless of whether such claims or actions are rightfully or wrongfully brought or filed. The Contractor agrees that the County may select the attorneys to appear and defend such claims or actions on behalf of the County. The Contractor further agrees to pay at the Contractor's expense the attorneys' fees and costs incurred by those attorneys selected by the County to appear and defend such actions or claims on behalf of the County at both the trial and appellate levels. The County at its sole option, shall have the sole authority for the direction of the defense, and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against the County. X) Adjudication of Disputes or Disagreements: COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CONTRACTOR and COUNTY Representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph x or Article 8.1 concerning termination or cancellation. y) Cancellation: In the event that the Contractor shall be found to be negligent in any aspect of installation, stocking, maintenance, repair, or service, the County shall have the right to terminate this agreement after five days written notification to the Contractor. Z) Cooperation: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. aa) Insurance: Prior to commencement of work the Contractor will provide satisfactory evidence of insurance as required in Specification Section 00900 General Insurance Requirements for Construction Contractors and Subcontractors. The Contractor shall name the Florida Department of Transportation and Monroe County Board of County Commissioners, its employees and officials as "Additional Insured" OD all policies except for Worker's Compensation. 7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this Project belong to the County and may be reproduced and copied without acknowledgement or permission of the Contractor. 7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may C) C) deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 7.9 No Third-Party Beneficiaries: Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 7.10 Americans with Disabilities Act of 1990 (ADA) - The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 7.11 E-Verify System - Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subconstruct with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 7.12 The Contractor will provide copies of subcontractor agreements prior to execution to ensure that the FDOT SCOP contract provisions are included in these subcontractor agreements. Paragraphs 7.13 through 7.15 are extracts from the FDOT SCOP agreement with the COUNTY. 7.13 The Recipient will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. The Recipient shall provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management. The Recipient shall insert similar provisions in all contracts and subcontracts for services by this Agreement. The Recipient affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes.An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public Recipient. The Recipient further agrees that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. 7.14 It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guaranties the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. Additionally, the Recipient agrees to include the following indemnification in all contracts with ti O O contractors/subcontractors, or consultants/sub consultants who perform work in connection with this Agreement. "To the fullest extent permitted by law the Recipient's contractor shall indemnify and hold harmless the Recipient, the State of Florida, Department of Transportation, and its officers and employees, from fees, to the . liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's f extent caused by the negligence, recklessness or intentional wrongful misconduct of contractor and persons employed or utilized by contractor in the performance of this Contract. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Recipient's sovereign immunity. To the fullest extent permitted by law, the Recipient's consultant shall indemnify and hold harmless the Recipient, the State of Florida, Department of Transportation, and its officers and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attomey fees to the extent caused, in whole or in part, by the professional negligence, error or omission,recklessness, or intentional wrongful conduct of the consultant or persons employed or utilized by the consultant in the performance of the Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Recipient's sovereign immunity." 7.15 The Department and the Recipient acknowledge and agree to the following: i. The Recipient shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Recipient during the term of the contract; and ii. The Recipient shall expressly require any contractors and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the contractor/subcontractor during the contract term. ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner, or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. Article 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement,are enumerated as follows: See Article 1 9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 00 C) C) 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated January 2024 and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below: WSP Consulting Signed and Sealed Drawings Dated 1.5.24 9.1.6 The Addenda, if any, are as follows: Addenda I and 2. Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 9.1.7 Other documents, if any, forming part of the contract Documents are as follows: Monroe County Bid Form in Section 0011.0. See Article 1. C) C) IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA By: By As Deputy Clerk Mayor Date MONROE COUNTY ATTORNEY a"S'CY1ML ' .� L 41 o CHRISTINE LIM BERT-BARROWS ASSWANT COUNTY ATTORNEY DATE 2/26/24 (SEAL) H&R Paving,Inc. Attest" By: A By:""W" Title: uuss:'m Title: l s l x { Y y February 27, 2024 Monroe County Board of County Commissioners 1100 Simonton Street Key West, FL 33040 RE: H&R Paving, Inc. Project: KEY LARGO III ROADWAY IMPROVEMENTS PROJECT Bond No. 47-SUR-300220-01-0021 To Whom It May Concern: We have executed the enclosed bonds on behalf of the above captioned contractor in favor of the Monroe County Board of County Commissioners. Please note that we have not dated the bonds or the Power of Attorney. The copy of the contract we received was not dated and as the bonds follow the contract they should not be dated prior to the contract. Please accept this letter as authorization to date the enclosed Performance bond(s), Payment bond(s), and the attached Power of Attorney for the captioned project. Please date these items concurrently with the contract date and fax a copy to our office at 305-328-4838 or email lisette@altersurety.com so that we can activate the bond coverage. Please note that failure to timely provide the undersigned with the requested information may impact coverage under the bond. Please do not hesitate to contact our office should you have any questions in this regard. Thank you. Yours truly, Berkshire Hathaway Specialty Insurance Company Warren M. Alter, „► Attorney-in-Fact i i ALTER SURETY GROUP, INC. Bond Department-Public Works Bond In compliance with Florida Statute Chapter 255.05,the provisions and limitations of section 255.05 Florida Statutes,including but not limited to,the notice and time limitations in Sections 255.05(2) and 255.05(10)are incorporated in this bond by reference. Bond Number: 47-SUR-300220-01-0021 Contractor H&R Paving, Inc. Address& 1955 NW 1 10th Avenue Miami, FL 33172 Phone No.: 305-592-6079 Surety Berkshire Hathaway Specialty Insurance Company Address& 1314 Douglas Street,Suite 1400 Omaha,NE 68102-1944 Phone No.: 770-625-2516 Owner Name:Monroe County Board of County Commissioners Address& 1100 Simonton Street Key West,FL 33040 Phone No.: 305-294-4641 Contracting Public Entity (if different from the owner) Address& Phone No.: Contract/Project Number: Project Name: KEY LARGO III ROADWAY IMPROVEMENTS PROJECT Project Location: Key Largo, Florida Legal Description And Street Address: Key Largo III Roadway Improvements Project Description of Improvement:Roadway improvements. This bond is given to comply with section 255.05 Florida Statutes and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2) and(10), Florida Statutes. Any provision of this bond which conflict with or purports to grant broader or more expanded coverage in excess of the minimum requirements of the applicable statute shall be deemed deleted herefrom. This bond is a statutory bond,not a common law bond. This is the front page of the bond. All other page(s)are deemed subsequent to this page regardless of any page number(s)that may be pre-printed thereon. N T_ O Key Largo[!I Ttoadway Im ravements Project SECTION 00850 PUBLIC CONSTRUCTION BOND► f BY THIS BOND, We H &R PAVING, INC. ,as Principal and Berkshire Hathaway Specialty Insurance Company ,a corporation,as Surety,are bound to Monroe County Board of County Commissioners herein called Owner,in t� TWO MILLION FIFTY-SIX THOUSAND FIVE HUNDRED EIGHTY DOLLARS and FIFTY the sum of $ NINE CENTS($2,056,580.59) ,for payment of which we bind ourselves,our heirs,personal representatives,successors,and assigns,jointly and severally. THE CONDITION OF THIS BOND is that if Principal: Performs the contract dated 2020, between Principal and Owner for construction of: Key Largo III Roadway Improvements Proiect Monroe County,Florida i 1. The contract being made a part of this band by reference,at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants,as defined in Section 255.05(l),Florida Statutes, supplying Principal with labor,materials,or supplies,used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses,damages,expenses,costs,and attorney's fees,including appellate proceedings, that Owner sustains because of a default by Principal under the contract;and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract,then this bond is void; otherwise it remains in full farce. 5. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Sec. 255.05(2)Florida Statues. 6. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. Dated ,2020. By: y (Name of ri cipal) H&R PAN ,INC. By ... (As Attorney in Fact) Warren M.Alter Berkshire Hathaway Specialty Insurance Company (Name of Surety) a.ry i END OF SECTION 00850 12/21/23 PUBLIC CONSTRUCTION BOND 00850-1 The provisions and limitation of section 255.05 Florida Statutes,including but not limited to the notice and time limitations in sections 255.05(2)and 255.05(10),are incorporated in this bond by reference. i M 47-SUR-300220-01-0021 C Berkshire Hathaway Specialty limirance i Nero BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY/NATIONAL LIABILITY St FIRE INSURANCE COMPANY Know all men by these presents,that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY a corporation existing under a and by virtue of the laws of the State of Nebraska and having an office at One Lincoln Street,23rd Floor,Boston,Massachusetts B 02111,NATIONAL INDEMNITY COMPANY a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 3024 Harney Street,Omaha,Nebraska 68131 and NATIONAL LIABILITY&FIRE INSURANCE COMPANY a corporation existing �? under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place,Stamford,Connecticut 06902 (hereinafter collectively the"Companies"),pursuant to and by the authority granted as set forth herein,do hereby name,constitute ° M1 and appoint:Warren M.Alter David T Satins Jonathan Bursevich 5979 N W 151 Street Suite 002 of the CitV of Miami Lakes State f Florida,their true and lawful attorney(s)-in-fact to make,execute,seal,acknowledge,and deliver,for and on their behalf as surety and as their act and deed,any and all undertakings,bonds,or other such writings obligatory in the nature thereof,in pursuance ofthese presents,the execution of which shall be as binding upon the Companies as if it has been duly signed and executed by their regularly a elected officers in their own proper persons.This authority for the Attorney-in-Fact shall be limited to the execution of the attached m # bond(s)or other such writings obligatory in the nature thereof. In witness whereof,this Power of Attorney has been subscribed by an authorized officer of the Companies,and the corporate seals of the Companies have been affixed hereto this date of August 24,2023.This Power of Attorney is made and executed pursuant to B t7 and by authority of the Bylaws,Resolutions of the Board of Directors,and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY m INSURANCE COMPANY,NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY,which are in full force and effect,each reading as appears on the back page of this Power of Attorney,respectively.The following seals of the Companies and signatures by an authorized officer of the Company may be affixed by facsimile or digital format,which shall be deemed the equivalent of and constitute the written signature of such officer of the Companies and original seals of the Companies for all ,c purposes regarding this Power of Attorney,including satisfaction of any signature and seal requirements on any and all undertakings, w © ro bonds,or other such writings obligatory In the nature thereof,to which this Power of Attorney applies. a a BERKSHIRE HATHAWAY SPECIALTY NATIONAL INDEMNITY COMPANY, INSURANCE COMPANY, ^ NATIONAL LIABILITY&FIRE INSURANCE COMPANY, 4 -� 41 By: By. David Fields,Executive Vice President David Fields,Vice President B F »R•a�P�asaaaa'��sG �"F� ���f`xa ,ybFPOAI"^.;✓ � � � s SURETY SEAL z til Iti 11` y 3i SURETY m ST�L F Ise �`P'Ybj 6w�..'�db1�S'i' �,1. ✓ „�t��� "yO�o�'nrEC�L'�,y� Y4 N ei^ ,. y 1 NOTARY State of Massachusetts,County of Suffolk,ss: ; g 5 ; On this 24th day of August,2023,before me appeared David Fields,Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY m } INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY, j who being duly sworn,says that his capacity is as designated above for such Companies;that he knows the corporate seals of the .6 Companies;that the seals affixed to the foregoing instrument are such corporate seals;that they were affixed by order of the board of iy a directors or other governing body of said Companies pursuant to its Bylaws,Resolutions and other Authorizations,and that he signed `— C g said Instrument in that capacity of said Companies. V „ Z 1 4 [Notary Seal] 4 JOH C.SKINNER NotuyPe Cotlfria�Iy Hof Notary Public KJvgelt3 M• CiOfYil't1! E*p88 JmU �'>2f�27 I,Ralph Tortoreila,the undersigned,Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY,NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies which is in full force and effect and has not been revoked.IN TESTIMONY WHEREOF,see hereunto affixed the seals of said Companies this 2024. SURETY 91 11 t St RFTY SEAL tit AI �Ett Ralph Tortoreila,Officer yz».....NSA 'i�.,, e 'Y f bpi••^';+e¢�;.°:�y'� � I i BHSIC,NICO&NLF POA(2023) i =t BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY(BYLAWS) n- ARTIOLE V. .r CORPORATE ACTIONS EXECUTION DFDOCUMENTS: . . Section 6.<W The President,any Vice President nr the Secretary,shaUhmethepowe and authority: (1) To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company bonds and other undertakings,and (2) To remove at any time any such Attorney-in-fact and revoke the authority given him. NATIONAL INDEMNITY COMPANY(BY-LAWS) Section 4.Officers,Agents,and Employees: A. The officers shall be a President,one or more Vice Presidents,a Secretary,one or more Assistant Secretaries,aTreasuner, and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until asuccessor has been elected and qualified,may serve successive terms of office,may be removed from office at any time for nrwithout cause by a vote of a majority of the Board of Directors,and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of Directors;and the Board of Directors or the officers may from time to time appoint,discharge,engage,or remove such agents and employees as may be appropriate,convenient,or necessary to the affairs and business of the corporation. NATIONAL INDEMNITY COMPANY(BOARD RESOLUTION ADOPTED AUGUST 6,201«) RESOLVED,That the President,any Vice President or the Secretary,shall have the power and authority to(1)appoint Attorneys- in-fact,and to authorize them to execute on behalf of this Company bonds and other undertakings and(2)remove at any time anysuchAttnmey-in-factandramketheauthohtYgiven. NATIONAL LIABILITY&FIRE INSURANCE COMPANY(opL«»«S) ARTICLE IV Officers Section 1.Officers,Agents and Employees: A.The officers shall be a president,one or more vice presidents,one or more assistant vice presidents,a secretary,one or more assistant secretaries,a treasurer,and one or more assistant treasurers,none of whom shall be required to be shareholders or directors,and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified,may serve successive terms of office,may be removed from office at any time for or without cause bya vote ufa majority uf the board ufdirectors. The president and secretary shall bedifferent individuals. Election or appointment of an officer or agent shall not create contract rights. The officers of the Corporation shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the board of directors;and the board of directors or the officers may from time to time appoint,discharge,engage,or remove such agents and employees as may be appropriate,convenient,or necessary to the affairs and business m[the Corporation. NATIONAL LIABILITY&FIRE INSURANCE COMPANY(BOARD RESOLUTION ADOPTED AUGUST a,2Q14) RESOLVED,That the President,any Vice President or the Secretary,shall have the power and authority to(1)appoint Attorneys- in-fact,and to authorize them to execute on behalf of this Company bonds and other undertakings and(2)remove at any time any such Attomey-in4act and revoke the authority given. BHS|C,N|CO&NLFPVA(2O23) H&RPA-1 OP ID: MR ACORO CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) `..-� 02/26/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 305-477-0444 CONTACT SUSAN SANCHEZ-ARMENGOL Combined Underwriters of Miami PHONE FAX 8240 N.W.52 Terr,Suite 408 (A/C,No,Ext): 305�77-0444 (A/C,No):305-599-2343 Miami,FL 33166 E-MAIL susan@combinedmiami.com SUSAN SANCHEZ-ARMENGOL ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURERA:JAMES RIVER INSURANCE CO. 12203 INSURED INSURERB:PROGRESSIVE INSURANCE COMPANY 10193 H&R PAVING INC. 1955 NW 110 AVENUE INSURERC:GREAT AMERICAN INSURANCE CO. 16691 MIAMI,FL 33172 INSURER D:AMERICAN COMPENSATION 45934 INSURER E:WESTCHESTER SURPLUS LINES 10172 INSURERF:ADMIRAL INS.CO. 24856 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DDL UBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE i OCCUR 738BG03904 06/30/2023 06/30/2024 FIR I TO Ea occurrence S( RENTED $ 100,000 FIR X Np XCU Exclusion MED EXP(Any oneperson) $ 5,000 X No Indep cont esc PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X71 JECT1:1 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO 03840863 06/30/2023 06/30/2024 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE T00048352610-1 06/30/2023 06/30/2024 AGGREGATE $ 5,000,000 DED X RETENTION$ 0 $ D WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N 10082978WC-4 06/30/2023 06/30/2024 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ E RAILROAD G74375637001 09/01/2023 09/01/2024 5,000,000 5,000,000 D POLLUTION LIAB JA10011955-1 06/30/2023 06/30/2024 1,000,000 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County and Florida Department of Transportation as additional insured on the GL and Auto policies PROJECT:Key Largo III ROADWAY AND DRAINAGEBy b ° a DATE_ 3.11.24 _- -� m lilill CERTIFICATE HOLDER CANCELLATION t°II _ ,- MONROEC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE MONROE COUNTY BOARD OF THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. COUNTY COMMISSIONERS 1100 SIMONTON STREET KEY WEST, FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1015